If you dont have car insurance and are hit by another car does the other driver have to pay for your damages?

Question

My sister was borrowing my car, she was hit by someone who tried to avoid a pedestrian, she said the person did not want to exchange insurance information because all i have on the car is gap insurance, so they exchanged personal information instead. The car is totaled, and i was wondering which steps i should take from this point. Police officers were dispatched to the scene, but i was told there was no police report. Don't officers have to fill out incident reports at the end of their shift?

Answer 1

if a person does not have car insurance, then they must pay for both cars...not the other way around. if you are insured, you have nothing to worry about.

Answer 2

The whole thing sounds really fishy and it sounds like you are going to have problems with trying to file, but if the other person was put at fault and accepted fault then their insuance company will be held responsible for paying the damages to your car. They should've exchanged insurance information as well too, you will ave to get their company and policy number and call them and file a claim. Also, you might want to call up the police department and give them the name of the officer that was dispatched to the scene. Usually when there is an accident they have to fill out an accident report and give it to both parties involved. If you say the car was totaled then the cars should've been towed and so a police report should've been filed. Regardless, this sounds like you are going to work really hard to prove your case. Good luck

Answer 3

I don't know if it varies by state, but I think its universal that the police have to fill out a report. They may not fill out an accident report, but they have to fill out a call report.

The other drivers insurance company should have to pay for your car. Even if you did have insurance, that would be the case, as they caused the accident.

Get in touch with the person who hit your car. Find out their insurance info. If they don't have any, then your a bit screwed and would have to go after them in civil court. Contact the police department, ask for the records department, and request a copy of the record of that call.

Where do you live that insurance isn't a requirement? I thought that was pretty much universal.

Answer 4

In California police do not have to file a report unless someone is hurt.

Your sister should have got the other persons insurance information and you could put in a claim with them and get your car fixed or if it is a total loss they will pay you for your loss.

If you do not have the other persons insurance info you should take them to small claims court ASAP.  When they get served they will contact their insurance company for help and then the insurance company will take care of your damages.

Hope your in California.   It doesn't matter that you had no insurance.  The other party is at fault, they have to pay.  

Answer 5

of course they have to pay!  it doesn't matter about your insurance situation.

besides which, how can you only have 'gap insurance'?  you don't get gap insurance unless you have a lien and lienholder would never let  you *not* have comprehensive.

the rule for sharing insurance information is NOT "I'll show you mine if you show me yours".  By refusing to give theirs, they've broken the law.  call the cops

Answer 6

I am no gonna say I am one hundred sure about it.Besides it really depends on the personal feelings.SO it would better for you to find yourself.Here is a good resource.http://car-insurance.online-tips.info/ca...

Answer 7

The driver that is determined to be "at fault" is the one that has to pay for both cars.  If not exchanging insurance information includes not exchanging names, you probably have no recourse.  Also, keep in mind that if you have a loan on your car, DO NOT STOP making payments while you wait to see what is going to happen.  In addition, as soon as your loan company or bank finds out the car is totalled, they will expect you to pay off the loan in full.

Good luck!

Answer 8

No. You see it's illegal (or at least it is here in FL) to drive a car that doesn't have insurance. You could go to jail & still have to pay the guy out of pocket.

Answer 9

Yes.  Having insurance or not having insurance is not what determines if one is paid for damages.  I'm puzzled though, because you say The other person did not want to exchange information because "all <   I   >  have on the car is gap insurance".  Why would the other person not want to exchange info if it is your car that had only gap insurance?  Doesn't make sense.  Also, it doesn't make sense that the police did not fill out a report for a "totalled" vehicle.  What else is going on here?

The uninsured may be cited for not having insurance though if they live in one of the 48 US states that require auto insurance

Answer 10

if your sister is not found to be at fault, then the driver of the car who is at fault is responsible for paying all damages, through their insurance most likely, to their car or any others.

if your sister is found to be at fault, then your sister could be screwed.